Estill Circuit Court Filing Timing and Cure Windows

CRITICAL

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing.

CRITICAL

Applies to

Protective order petition

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

WARNING

Faxed copies of Orders and Judgments are entered upon receipt.

In other words, they will be entered upon receipt.

CRITICAL

Ten days after the original order or judgment is tendered to the Judge and a copy is served on counsel for all parties, it will be entered unless the objecting party has filed and served written objections that include a hearing time, or the Court declines entry for good reason.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties, the Order or Judgment will be entered unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party or unless the Court for good reason feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of a time and place for a Hearing to be had on the tendered Order or Judgment.

CRITICAL

Applies to

Pre trial diversion petition

A petition for a pre-trial diversion order must be filed at least 14 days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

CRITICAL

Deadline

5 working days

Hearings for temporary orders must receive immediate action, and the Commissioner must issue recommendations to the parties or their attorneys within five working days after the hearing.

Temporary Orders - All Hearings for temporary Orders shall receive immediate action by the Commissioner, and he/she shall issue his or her recommendations to all parties or their attorneys within five (5) working days following the Hearing.

CRITICAL

For matters submitted on motion, the parties must follow the stated sequence and deadlines for completing petitioner proof, respondent proof, rebuttal, and submission.

In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter. The Respondent shall complete his/her proof within the following four (4) weeks. The Petitioner shall then have two (2) weeks in which to complete any rebuttal. The case shall then stand for submission at the next regular Motion Hour/Rule Day.

CRITICAL

The Commissioner's recommendations must be filed within 30 days after an uncontested hearing or 90 days after a contested hearing, unless extended for good cause by the Circuit Judge's order.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case and no longer than ninety (90) days after a Hearing in a contested case unless otherwise extended for good cause shown by Order of the Circuit Judge.

CRITICAL

Applies to

Joint statement

The joint statement must be submitted within 30 days after mediation ends.

This statement shall be submitted within thirty (30) days of the termination of mediation.

CRITICALCriminal cases

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

CRITICAL

Deadline

3 business days

Cases must be placed on the Motion Docket by close of business on the third business day before the regular Motion Hour/Rule Day; exceptions require leave of Court, and the Clerk closes the docket at that time.

All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day.

CRITICAL

Written objections must be filed within ten days of service to prevent the proposed Order or Judgment from being signed and entered.

the proposed Order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service.

WARNING

Failure to file a response by the hearing-notice deadline may be grounds to deny leave to file a late response.

Failure to file a Response to a Motion accompanied by such a Statement or Memorandum may be grounds for denying a request for leave to file such a Response after the time specified for a hearing of said Motion.

WARNING

Deadline

1 hours

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

WARNING

A party properly served with a motion accompanied by a supporting statement or memorandum may file a response with supporting authorities by the time specified in the hearing notice.

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion.